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(영문) 수원지방법원 2016.12.09 2016노6686

감금등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant was in the first instance trial and all of the instant crimes, including the part denied in the lower trial, are against the Defendant’s favorable sentencing conditions.

Meanwhile, the crime of this case is a condition for sentencing that is disadvantageous to the defendant, such as: (a) the defendant detained a minor victim who is a minor between the defendant and the defendant; (b) assaulted the victim who is a female victim who knows the defendant; (c) the criminal quality of the crime was poor; and (d) the defendant has been subject to juvenile protective disposition and criminal punishment several times prior to the crime of this case, such as violent crimes and unlicensed driving, etc.; (c) in particular, the defendant committed the crime of this case during the period of repeated crimes for which six months have passed since he was sentenced to imprisonment due to special larceny and the execution of the sentence was completed for a period of imprisonment with prison labor for not more than two months; and (d) the

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments on unfair sentencing are not acceptable.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.